-------------------- BEGINNING OF PAGE #1 ------------------- UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE COMMISSION SECURITIES EXCHANGE ACT OF 1934 Release No. 36679 / January 4, 1996 ADMINISTRATIVE PROCEEDING File No. 3-8916 ______________________________ : ORDER INSTITUTING PUBLIC : ADMINISTRATIVE PROCEEDING In the Matter of : PURSUANT TO SECTIONS 15(b) AND : 19(h) OF THE SECURITIES BRADFORD P. GILLINGHAM, : EXCHANGE ACT OF 1934, MAKING : FINDINGS AND IMPOSING Respondent : REMEDIAL SANCTIONS ______________________________: I. The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest to institute a public administrative proceeding pursuant to Sections 15(b) and 19(h) of the Securities Exchange Act of 1934 ("Exchange Act") against Bradford P. Gillingham ("Gillingham" or "Respondent"). In anticipation of the institution of this proceeding, the Respondent has submitted an Offer of Settlement ("Offer") to the Commission, which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission or in which the Commission is a party, the Respondent, admitting the findings contained herein, consents to the entry of the findings and remedial sanctions set forth below. Accordingly, IT IS ORDERED that a proceeding pursuant to Sections 15(b) and 19(h) of the Exchange Act be, and hereby is, instituted. II. On the basis of this Order and the Respondent's Offer, the Commission finds that: -------------------- BEGINNING OF PAGE #2 ------------------- A. From December of 1979 through the present, Gillingham is, and has been, a registered representative of various securities broker-dealers registered with the Commission. B. On November 17, 1995, in the criminal matter entitled United States of America v. Bradford P. Gillingham, CR 95-0076 CAL (N.D. Cal.), Gillingham was convicted of one count of violating 18 U.S.C. Section1001 in connection with testifying falsely before the staff of the Commission during an investigation. C. The Superseding Information in the criminal matter alleged that Gillingham willfully and knowingly made false statements of material facts to the staff of the Commission during an investigation after having taken an oath to testify truthfully. Specifically, the Superseding Information alleged that Gillingham denied having a conversation with a mid-level manager of a certain publicly-held corporation regarding the business of the corporation and denied receiving material non- public information regarding the projected revenues and book-to- bill ratio of the corporation from that manager, while knowing, in fact, that he had had such a conversation with the manager and that such information was conveyed. III. Based upon the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions specified by the Respondent in his Offer. Accordingly, IT IS HEREBY ORDERED that, effective immediately, Bradford P. Gillingham be, and hereby is, barred from association with any broker, dealer, municipal securities dealer, investment adviser, or investment company. By the Commission. Jonathan G. Katz Secretary 2